requested for sale of property put to execution of
a partition decree. The Partition Act empowers the Court
to order sale of property when partition ... partition by metes and bound. So, when metes
and bound partition was not possible then it results into a
stalemate.
b] The Partition Act
Partition Act of 1893. Significantly, the Transfer of Property Act, 1882 was an enactment prior in time to the Partition Act . Section ... decree proceedings are decided in a partition suit till then an application under Section 4 of the Partition Act can be made.
(x) In Woodland
under Section 2 read with Section 8 of
the Partition Act, 1893 (for short 'the Act of 1893') requesting
the Court to sell ... Court, the FDP Court was of the view that the
Partition Act does not prescribe any time limit for deposit of
bid amount
Partition Act cannot invoke Section 3 of
the said Act; that there can be no application under Section 3 of the Partition
Act unless ... division in partition suits:- Whenever in any suit for partition in
which, if instituted prior to the commencement of this Act, a
decree for partition
some shortcoming in the
position of the partition law prevailing before
the passing of the Partition Act by entitling the
sale of the joint property ... order of sale in a partition suit passed
under Section 8 of the Partition Act is an
instrument of Partition under Section
some
shortcoming in the position of the partition law
prevailing before the passing of the Partition Act by
entitling the sale of the joint property ... order of sale in a partition suit passed under
Section 8 of the Partition Act is an instrument of
Partition under Section
house belonging to an undivided family” in
Section 4 of the Partition Act, 1893. That section provides
that where a share of a dwelling house ... belonged. The Full Bench
observed:
“...in it ( Section 4 of the Partition Act) we find
nothing to indicate that it was intended to apply
house belonging to an undivided family” in
Section 4 of the Partition Act, 1893. That section provides
that where a share of a dwelling house ... belonged. The Full Bench
observed:
“...in it ( Section 4 of the Partition Act) we find
nothing to indicate that it was intended to apply
house belonging to an undivided family” in
Section 4 of the Partition Act, 1893. That section provides
that where a share of a dwelling house ... belonged. The Full Bench
observed:
“...in it ( Section 4 of the Partition Act) we find
nothing to indicate that it was intended to apply
house belonging to an undivided family” in
Section 4 of the Partition Act, 1893. That section provides
that where a share of a dwelling house ... belonged. The Full
Bench observed:
“...in it ( Section 4 of the Partition Act) we find
nothing to indicate that it was intended to apply
